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Janique Palomini v. Eileen Puglisi
The Supreme Court providently exercised its discretion in denying the appellants’ motion pursuant to CPDR 3216 to dismiss the complaint as the plaintiff demonstrated a justifiable excuse for her delay in filing a note of issue, as well as the existence of a potentially meritorious cause of action (see Baczkowski v Collins Constr. Co., 89 NY2d 499, 503 [1997]; Kadyimov v
[737] Mackinnon, 82 AD3d 938 [2011]). Rivera, J.E, Florio, Eng, Hall and Cohen, JJ., concur.